Managing employee leave and vacation entitlements is a crucial aspect of compliance and employee satisfaction when operating in Guatemala. Understanding the specific legal requirements for various types of leave, including annual vacation, public holidays, sick leave, and parental leave, is essential for employers. Adhering to these regulations ensures fair treatment of employees and avoids potential legal issues.
Guatemalan labor law, primarily governed by the Labor Code, sets forth minimum standards for employee leave. These standards cover how much vacation time employees accrue, which public holidays are observed, and the provisions for sick leave and family-related absences. Employers must be aware of these minimums and implement policies that meet or exceed them.
Annual Vacation Leave
Employees in Guatemala are entitled to a minimum amount of paid annual vacation leave after completing a certain period of service. This entitlement is designed to allow employees time for rest and recuperation away from work.
- Minimum Entitlement: Employees are entitled to a minimum of 15 working days of paid vacation after completing one year of continuous service with the same employer.
- Accrual: Vacation is typically accrued over the year of service.
- Timing: The timing of vacation is usually agreed upon between the employer and employee, but the employer has the final say, provided the employee receives their full entitlement.
- Payment: Vacation pay must be equivalent to the employee's regular salary during the vacation period. It must be paid in advance before the employee begins their vacation.
- Accumulation: Vacation days can generally be accumulated for up to two consecutive years, but the employee must take at least one week of vacation each year.
- Termination: If the employment relationship ends before the employee has taken their accrued vacation, the employer must pay the employee for the unused vacation days.
Public Holidays
Guatemala observes several public holidays throughout the year. Employees are generally entitled to a paid day off on these holidays. If an employee is required to work on a public holiday, they are typically entitled to double their regular pay for the hours worked.
Here are the anticipated public holidays for 2025:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| April 17 | Maundy Thursday |
| April 18 | Good Friday |
| April 19 | Holy Saturday |
| May 1 | Labor Day |
| June 30 | Army Day |
| August 15 | Assumption Day (Guatemala City only) |
| September 15 | Independence Day |
| October 20 | Revolution Day |
| November 1 | All Saints' Day |
| December 24 | Christmas Eve (Half Day) |
| December 25 | Christmas Day |
| December 31 | New Year's Eve (Half Day) |
Note: Some holidays, like Holy Week (Maundy Thursday, Good Friday, Holy Saturday), are widely observed. Half-day holidays typically mean work ends at noon.
Sick Leave Policies and Pay
Employees in Guatemala are entitled to paid sick leave when they are unable to work due to illness or injury. The provisions for sick leave involve both the employer and the Guatemalan Social Security Institute (IGSS).
- Entitlement: Employees are entitled to sick leave when certified by a doctor.
- Payment Responsibility:
- For the first two days of absence due to illness, the employer is typically responsible for paying the employee's salary.
- From the third day onwards, if the employee is registered with and contributing to the IGSS, the IGSS is responsible for paying a portion of the employee's salary (usually 66%) for the duration of the certified illness, up to a maximum period specified by IGSS regulations.
- Certification: A medical certificate from a registered doctor is required to justify sick leave and receive benefits from either the employer or IGSS.
- Employer Obligations: Employers must ensure employees are registered with IGSS and that contributions are paid correctly to enable employees to access IGSS sick pay benefits.
Parental Leave
Guatemalan law provides specific entitlements for parental leave, primarily focusing on maternity leave. Paternity and adoption leave provisions are less extensive under the standard Labor Code but may be covered by internal company policies or specific collective agreements.
Maternity Leave
- Duration: Pregnant employees are entitled to 12 weeks of paid maternity leave.
- Timing: This leave is typically divided into two periods: 6 weeks before the expected delivery date and 6 weeks after the birth. The employee can choose to take more time after the birth if agreed upon with a doctor, provided the total leave does not exceed 12 weeks.
- Payment: During maternity leave, the employee is entitled to receive 100% of her salary. This payment is typically covered by the IGSS for employees who are registered and have sufficient contributions. The employer may be responsible for topping up the IGSS benefit to reach 100% of the salary, depending on the specific circumstances and company policy.
- Job Protection: An employee on maternity leave is protected from dismissal, except for specific just causes unrelated to her pregnancy or leave.
- Nursing Breaks: Upon returning to work, mothers are entitled to two paid 30-minute breaks per day for nursing their child for up to one year after the birth.
Paternity Leave
- The Labor Code does not mandate paid paternity leave. Some companies may offer a few days of paid leave as a company benefit or through collective bargaining agreements.
Adoption Leave
- The Labor Code does not explicitly mandate adoption leave. Any provisions for adoption leave would typically be based on company policy or individual agreements.
Other Types of Leave
While the Labor Code primarily focuses on vacation, holidays, sick leave, and maternity leave, other types of leave may be granted based on specific circumstances, company policy, or collective agreements.
- Bereavement Leave: There is no statutory requirement for paid bereavement leave under the standard Labor Code. Some employers grant a few days of paid or unpaid leave upon the death of a close family member.
- Study Leave: The Labor Code does not mandate paid study leave. Some employers may offer leave for educational purposes, often unpaid or partially paid, depending on the relevance to the employee's job and company policy.
- Marriage Leave: There is no statutory requirement for paid marriage leave. Some companies may offer a few days of paid leave for an employee's marriage.
- Union Activities: Employees who are union representatives may be entitled to time off for union activities as specified in the Labor Code or collective bargaining agreements.
- Civic Duties: Employees may be entitled to time off for mandatory civic duties, such as serving on a jury (though jury duty is less common than in some other countries).
